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1975-617RESOLUTION NO. 75R-617 ,. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTILI- TIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW- ING PUBLIC IMPROVEMENT, TO WIT: THE INSTALLATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF BALL ROAD AND EMPIRE STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 734-B. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on.the 10th and 17th days of April , 1975, a notice inviting sea ed proposals for furnis i.ng the following: All plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and performing all work necessary to construct and complete in a good and workmanlike manner, in strict accordance with the specifications, -plans and drawings therefor on file in the Office of the City Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: The installation of traffic signals and safety lighting at the intersection of Ball Road and Empire Street, in the City of Anaheim, and all appurtenant work as shown on the plans and delineated in the specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 734-B. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works De artment , and the notice inviting sealed propose s, whxc said notice specified that sealed proposals as specified in said notice would be received up until 2:dD o'clock P.M. of the day of April , 19y5, and which said notic state and declare that, pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascertained the prevailing rate of wages for each type of labor needed to execute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and -1- WHEREAS, on April 24 , 19 75 , at the hour of 2:00 - o'clock P.M., M., the City clerk and Eh -7e -City Engineer of the City of Anaheim did open said sealed proposals received up to that time for the furnishing of all plant, labor, servi- ces, materials and equipment, and all utilities and transporta- tion, including power, fuel and water, and performing 411 work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, the public improvement hereinabove more particularly described and set forth, in public, in the City Council Chamber in the City Hall, Anaheim, California, and the City Engineer did tabulate the result of said sealed proposals and did make a report to the City Council at its next regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next - - - regular meeting, held on the 29th day of April---,-j-T-75 , at the hour of 1:30 , o'F—lock P.M., con tie sealed proposals submitted forfurnishingthe materials and performing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by BAXTER -GRIFFIN CO., INC., 8210 Monroe Street,, Stanton, Calif. 90U8TF---- for the cons tructi6fiT,1-a—t- -n-1--an comp 11:�tt 1--n of said Mstallation of traffic -signals and safety lighting at the In- ters ro —no f T3 ­t o. an m re_S_t_., in te y of -And ems' ori 0 der -No'. here —ina-b-ove- mentioned 'and descri-bed-,_ —was-- -the lo est responsible proposal submitted there- for, and thereupon accepted said bid and did award a contract to said contractor for furnishing all plant, labor, services, materials and equipment and all utilities and transportation, including power, fuel and water, and performing all work neces- sary to construct and complete, in a good and workmanlike man- ner, in strict accordance with the specifications, plans and drawings, the said public improvement as specified in said notice inviting sealed proposals, and did authorize the Mayor and the City Clerk of the City of Anaheim to execute a contract for and on behalf of the City of Anaheim with said contractor, which said contract was duly made and entered into on the 5th day of May 19 75 and WHEREAS, the said contractor has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for.the con- struction and completion, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings of said public improvement as specified in the notice inviting sealed proposals and in the detailed designs, plans, drawings and specifications prepared by the Public Works DeDartment and the contract made and entered into withsaidcontractor by.the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and compl6e ion of said public improvement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said contractor; and -2- WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particu- larly described in accordance with the provisions of the con- tract and the contract documents, and that notice of completion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment and all utilities and transportation, and the per- formance of all work necessary to construct, install and com- plete in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, together with the appurtenances thereto, said public improvement herein- above more particularly described and set forth, in the City of Anaheim, by said contractor, be, and the same are hereby accepted, subject, nevertheless, to all the terms, conditions and provi- sions of the contract documents, and that the balance due said contractor for said work be paid to said contractor thirty-five (35) days from and after final acceptance of said work as evi- dence by the adoption of this resolution, but.not sooner than thirty (30) days after the date of the filing of notice of com- pletion, excepting only such sum or sums as may lawfully be withheld in accordance with the provisions of said contract and contract documents. That acceptance by the contractor of said payments made in accordance with said final estimate shall operate and shall be a release to the City of Anaheim, its offi- cers, agents and employees from all claims and liabilities due the contractor for anything done or furnished or withheld or for anything relating to the work or any act or neglect of the City, its officers, agents and employees, excepting only claims against the City for amounts withheld by the City at the time of such payment. AND BE IT FURTHER RESOLVED that the Mayor, and the City Clerk of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as required by law. this THE FOREGOING RESOLUTION is approved and signed by me 2nd day of December I , 19 75. 1/1 ATTEST: CITY CLERK OF THE CU'Y--O--F ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss, CITY OF ANAHEIM I, ALOHA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No, 75R-617 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 2nd day of December, 1975, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Seymour, Sneegas and Thom DOES: COUNCIL MEMBERS: None ABSENT: COUNCIL ME14BERS: Kaywood and Pebley AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 75R-617 on the 2nd day of December, 1975. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 2nd day of December, 1975, CITY CLERK d T IE '61Tf OF ANAHEIM (SEAT.) I, ALONA M, HOUGARD, City Clerk of the City. of Anaheim, do hereby certify that the foregoing is the original of Resolution No, 75R-617 duly passed and adopted by the Anaheim City -Council on December 2, 1975. City Clerk